Impaired / Over 80
DUI is defined as the act of driving while under the influence of alcohol or drugs. There are three main types of DUI offences:
- Operating a motor vehicle at or over 80 within two hours of driving
- Impaired Driving
- Refusing to provide a breath sample
A charge of impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while your ability to do so has been compromised by consuming alcohol, drugs, or a combination of the two.
For fully licensed drivers across Canada, the maximum legal blood alcohol concentration (BAC) is 80 milligrams of alcohol in 100 millilitres of blood, or 0.08. Driving with BAC at or over 0.08 is a criminal offence with serious consequences and penalties. Some of the consequences can include license suspension, vehicle impoundment, fines, a criminal record and possible incarceration.
Those charged with impaired driving do not have to submit a breathalyzer or blood test result. Police can build their case based on factors such as whether drugs were found in the car or whether the person failed sobriety tests during their arrest.
Refusal/Failure to Provide a Breath or Blood Sample
Refusing to provide a breath or blood sample constitutes an offence. If convicted, your driver’s license will be suspended for 12 months.
Penalties For DUI Convictions
A DUI conviction carries mandatory minimum sentences. These are punishments that must be imposed upon conviction. If you are convicted of a DUI, you must undergo the following mandatory minimum sentences:
- Mandatory 90-day license suspension
- First-time offenders will receive a fine of $1,000.00
- Second-time offenders will receive 30 days in prison
- Third-time offenders will receive 120 days in prison
Winning your drinking and driving case means: keeping your driver’s license, avoiding a criminal record, protecting against increased insurance costs, preventing problems crossing the US border and preserving your reputation in the community.
Other Driving Related Offences
Impaired and over 80 are the most common types of driving related offences. There are other driving related offences with similar penalties such as:
- Dangerous driving
- Flight from police
- Fail to remain
- Criminal negligence causing death/bodily harm
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of impaired driving related allegations. If you or someone you know has been charged with impaired operation, over 80, failure to provide a breath or blood sample, dangerous driving, criminal negligence causing death/bodily harm, flight from police or fail to remain you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.